N.Sekar v. Assistant Executive Engineer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
1. N.Sekar S/o Narayanasamy Petitioner(s) Vs
1. Assistant Executive Engineer TNHB Shopping Complex st Floor, Thirumangalam Road, Anna Nagar East, Chennai 600 040 2.The Special Thasildar (land Acquisition) TNHB 7 th Floor, CMDA Building Koyambadu Chennai 600 107 3.The Sub Registrar Joint II Chennai South Saidapet Chennai 600 015 Respondent(s) PRAYER Directing the 1 st respondent to dispose of the petitioner's representation dated
20.09.2023 and further direct the 1 st respondent to issue No objection Certificate within a stipulated time fixed by this Court. For Petitioner(s):
Mr.M.Muruganantham For Respondent(s):
Mr.A.M.Ravindranath Jeyapal Standing Counsel
ORDER
The present writ petition has been filed for the issue of a writ of mandamus directing the 1 st respondent to dispose of the petitioner's representation dated 20.09.2023 and to issue No objection Certificate to the petitioner.
2. The 1 st respondent has filed a counter affidavit and the relevant portions are extracted hereunder, "4. 1 respectfully submit that on perusal of the records pertaining to the subject land in S.No.148/3B1, for an extent of 2423 Sq.ft is covered in the Land Acquisition Proceedings of Tamil Nadu Housing Board. The 4(1) notification of the subject land was approved by the Government vide G.O.R.No.138, Housing 14.05.1975 and Draft Declaration under section 6 of the Land Acquisition Act was approved by the Government vide G.O.Ms.No.969, Housing dated 07.06.1978. Further, the Award was passed by the Land Acquisition Officer vide Award No.8/86, dated 23.09.1986. The compensation amount of Rs.31,483.70/-was deposited in the treasury on 27.03.1987.
5. 1 respectfully further submit that the land owners / interested persons for the subject land as per the Land Acquisition Proceedings are as follows:- Survey No.
Extent Ex-Land owner name as per 4(1) Notification in G.O.R.No.138 Dt.14.05.1975 Ex-Land owner Name as per 6DD in G.O.ms.No.969, Dt.07.06.1978 Ex-Land Owner Name as per Award 8/86 dated 23.09.1986 148/3B 1.52 Acres 1.Kanniappan 1.Kanniappan 1.Somu 2.Ponniah 2.Ponnusami 2.Ramu 3.Shanmugam Naicker 3.Munusamy 4.Chinnamal 3.Shanmuga Naicker 4.Chidambaram 4.Chinnamal
3. Learned counsel for the petitioner submitted that the mother of the petitioner had purchased the property by registered sale deed on 23.11.1987 and thereafter a settlement deed was issued in favour of the petitioner on 07.01.2009 by his mother, which was registered as Doc.No.24/2009. It was further submitted that the petitioner is paying water tax, property tax etc., and the petitioner is in possession and enjoyment of the property. Apart from that, the petitioner has also given this property as security to the bank by memorandum of deposit of title deeds. Therefore, it was contended that there was no acquisition and the possession continues with the petitioner.
4. In the light of the stand taken by the 1 st respondent in the counter, it is seen that acquisition proceedings were initiated and an award also came to be passed in Award No.8/86 dated 23.09.1986. If according to the petitioner, the possession continues with the petitioner and the compensation amount has also not been paid, the petitioner must only question the acquisition proceedings by seeking for declaration that acquisition proceedings has lapsed. Instead, the petitioner cannot seek for No objection certificate from the Housing Board. Except giving this clarity, no further orders can be passed in the present writ petition.
5. This writ petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petitions, if any, are closed. 10-07-2025 gd Index:Yes/No Speaking/Non-speaking order Internet:Yes
To 1.Assistant Executive Engineer Tnhb Shopping Complex 1st Floor Thirumangalam Road Anna Nagar East, Chennai 600 040 2.The Special Thasildar (land Acquisition) Tnhb 7th Floor Cmda Building Koyambadu Chennai 600 107 3.The Sub Registrar Joint Ii Chennai South Saidapet Chennai 600
N.ANAND VENKATESH J.
gd 10-07-2025